Independent Electoral and Boundaries Commission (IEBC) says political aspirants facing graft charges are free to run for office in the August 9th elections.
Citing a 2013 High Court ruling which allowed Uhuru Kenyatta and William Ruto to run for office despite facing charges at the International Criminal Court (ICC), IEBC argues that it cannot block anyone from seeking elective posts.
The court cleared Kenyatta and Ruto to run for the president and deputy president posts respectively while facing charges of crime against humanity at the ICC.
IEBC argues that one is legally presumed innocent until proven guilty, hence there is no need to interfere with judicial processes.
“The commission understands the court’s decision in the case against President Kenyatta and DP Ruto that we must strike a balance between the right of an individual to contest in an election and the presumption of innocence of any accused person,” IEBC’s Director of Legal and Public Affairs Chrispine Owiye says in an affidavit.
The Wafula Chebukati-led commission was responding to a petition filed by activist Okiya Omtatah, who wants politicians with questionable integrity to be barred from contesting in the forthcoming elections.
In his petition, Omtatah says he is concerned that several persons implicated in corruption scandals and theft of public funds have declared interest in various political positions.
“It is a matter of public notoriety and concern that many people adversely mentioned in the theft of public funds, including the so-called Covid-19 billionaires, are lining up to vie in the August 9th general elections for various positions at the county and national levels of government,” says Omtatah.
He argues that allowing such individuals to vie for public office is a threat to Kenya’s constitutional order and is detrimental to the country’s good governance, and the war against corruption.
“To normalize the participation of people without integrity in the political life of the republic is to clearly demonstrate a lack of understanding of the obligations placed on elected leaders,” he adds.
This man Chebby has no balls…
This man Chebby has no balls to stand on the side of Kenyans. When is corruption, graft and theft of people’s resources going to be purged out of the system? Chebukati ought to be ashamed of himself for clearing thieves to run for political offices.
Does Chebukati look like he…
Does Chebukati look like he knows what the hell he is doing? He just join the corruption train to hose out the poor people. Kenya will not change with guys like Chebukati in charge of IEBC.
That’s what happens when you…
That’s what happens when you set a precedent…Let them be cleared first of any wrong doing before they run for any post.Sounds like common sense….This is a public office. In all honesty,do you think that a candidate for an accounting opening would still be considered a candidate when he she is being investigated for embezzlement?
We must as well not make these laws if they can be bent at the whims of the powers that be,to circumvent any”obstacle in their way…”
Things in kenya work in…
Things in kenya work in reverse order. You still peoples’ money first so you can get cleared to contest for a political office so you can be a better thief. Something must give in pretty soon or the country will go to the dogs.
WAFULA CHEBUKATI
Brother…
WAFULA CHEBUKATI
Brother Wafula Chebukati is a member of the PLEHOC senior club. What does PLEHOC mean? It is an acronym that I have coined to stands for:
Person/People P
Lacking L
Empathy E
Humanity H
Or O
Conscience C
All the thieves, robbers, con artists, murderers, rapists, swindlers of Kenya are now celebrating his irrational decision to allow them run for any public elective office of their choice today and will continue to do so. Why? Wafula Chebukati has given them the green light to destroy and fleece our country without immediate consequences now or in the future.
Hyenas, wolves, and leopards are now the new and permanent shepherds of the Kenyan flock.
I have absolutely no respect for him or the law school that he attended and gave him the law degree that he has used to destroy the lives of the present Kenyans, or the ones not yet born.
Brother Wafula Chebukati: Do you have a gram of conscience in you?
And that is NOT FUNNY!!
This…
And that is NOT FUNNY!!
This is one of the worst consequences of allowing corruption to roll by while watching it. It is now being allowed to thrive and sire its kids, grand kids, and great, great! And Uhuruto says nothing. Tumekwisha sote sasa.China now take over us now, I agree.
Love him or hate him goofy…
Love him or hate him goofy Chebukati makes the right decision again. Charged doesn’t mean guilty. Law must be amended to fast track corruption cases so that no one uses cases as a weapon.
What’s the mission and goals…
What’s the mission and goals of IEBC…the root of all evil…real voting has no meaning in Kenya period.
@ Mbwana:
Imepita zaidi ya…
@ Mbwana:
Imepita zaidi ya miaka 14 tangu watoto, wazee, na akina mama wateketezewe (burned) katika kanisa la Kiambaa huko Eldoret.
Imekuwaje mpaka sasa, hakuna hata binadamu mmoja aliyeshikwa na kupelekwa mahakamani na kufungwa jela au kuachiliwa?
Tusisahau ya kwamba yapata watu 37 walioupoteza uhai wao walipodhani ya kwamba mungu wa Wayahudi atawaokoa kutokana na waliohusika kwenye janga hilo.
Tusipojitahadhari na kuwa wepesi kutoa hukumu kwa matapeli, majambazi, wabakaji, wauaji, na isitoshe wapora mali ya umma, Kenya yetu itadidimia na kutoweka kabisa kama nchi iwapo tutaendelea kuimba wimbo huu: “…you are innocent until proven guilty.”
Mika 14 imepita tangu watu wapoteze maisha yao huko Eldoret. Unataka kuniambia ya kwamba majasusi wetu wameshindwa kabisa kumshika hata mtu mmoja?
Ni bora ndugu yetu Samoei ashughulikie mambo ya Kanisa la Kiambaa kwanza, kabla hajafikiria kuwa rais wa Kenya. Kama hawezi kumshika hata mtu mmoja aliyehusika na janga hilo kabla ya uchaguzi wqa Agosti 09, 2022, hafai wala hastahili hata kidogo kufikiria kuwa rais wa Kenya.
As much as we have evil in…
As much as we have evil in society, I would prefer for the electorate to have a upper hand in choosing whom they want. Chebukati in this case has his only vote. Kenyans at this age are morally aware of their leaders. After all assuming they elected thieves, they would have themselves to blame and not the electoral commission. Democracy at play!
In my view I would support that candidates be screened before the vote.
He’s right.
He’s right.
Does anybody know what the…
Does anybody know what the law society of kenya does? It is good we can comment on this forum,and exercise our free speech rights without some”Arab” pulling a pang to decapitate you…
Back to the topic- We have seen that politicians would do every thing in their powers to get elected.However, the final judge is you the voter. Now the bigger question is why would a seemingly clear thinking person vote for a “thief”?
IEBC is right. There is no…
IEBC is right. There is no law that prohibits an accused person from running for a political office. And such a law should never exist. The constitution is very clear, a person is presumed innocent until proven guilty. You guys know where the problem is but you choose to look the other way. The problem is not legal but moral of all Kenyans. Yes we are the problem. Even in places like USA there are no laws that prohibit people charged with corruption to seek for political seats. But if you try to run for an office in US when facing corruption charges, even your own family members may not vote for you! People distance themselves from you until the courts acquit or convict you! But in Kenya we vote in masses for politicians who are accused of corruption! How does a person in his/her right mind vote for a person who is possibly a thief? That’s something voters in the West don’t do and that’s why their countries are way much ahead of us. And you wonder why our country remains as a shithole!
HAJI & KINOTI
@ Maxiley:
The…
HAJI & KINOTI
@ Maxiley:
The late freedom fighter of India Mohandas Karamchand Gandhi once said, “poverty is the worst form of violence.”
A person starving and unable to feed his family will accept a bribe from a thief and cast his vote to the thief, just to keep his family alive.
Wafula Chebukati has a moral obligation to stop the thief from running for any public elective office by deleting his name from the list of potential political candidates.
SOLUTION:
We need to empower Ndugu Kinoti and Haji and let them investigate thoroughly the two candidates Raila and Samoei before the people vote for them.
@ Ndugu Imara Daima, you…
@ Ndugu Imara Daima, you have my vote on this.I also believe that the educated masses could to more.If 75% of the country goes to the streets and protest the corruption and lawlessness we see among our so called elected officials, they would be kicked out of office. They serve us, and if they do not deliver, we should remove them easily…